The High Court in Accra, presided over by Justice Audrey Kocuvie-Tay, has adjourned to November 4, 2026, to deliver its ruling on a bail application filed by former Ashanti Regional Chairman of the New Patriotic Party (NPP), Bernard Antwi Boasiako, popularly known as Chairman Wontumi.
The application seeks to secure his release on bail pending the determination of his appeal against his conviction and 20-year prison sentence.
At the hearing, counsel for Wontumi, Samuel Atta Akyea, urged the court to grant the application, arguing that the grounds of appeal had significant prospects of success and that his client needed temporary freedom to assist in preparing and prosecuting the appeal.
However, the Deputy Attorney-General, Dr Justice Srem-Sai, opposed the application, insisting that the defence had failed to demonstrate any exceptional circumstances to justify bail pending appeal.
Defence argues appeal has prospects of success
Moving the application, Mr Atta Akyea relied on the motion, its supporting affidavit and a supplementary affidavit, arguing that the court should consider the grounds of appeal and the principles established in previous appellate decisions.
He cited the Court of Appeal case of Daniel Yaw and Two Others v The Republic, delivered on April 20, 2021, which he said recognised the prospects of an appeal succeeding as a relevant consideration in determining applications for bail pending appeal.
He also relied on the case of Fynn and Another v The Republic (1971), arguing that temporary release could enable an appellant to work closely with counsel in preparing and conducting an appeal.
Mr Atta Akyea said 19 grounds of appeal had been filed and attached to the application, insisting that they were substantial and not fanciful.
Among the grounds he highlighted was an allegation that the trial judge had failed to interpret the Minerals and Mining Act as a whole, particularly the combined effect of provisions relating to mineral rights.
He argued that the law permitted a holder of a mineral right to allow another person to undertake work on the concession and that the mere act of granting such permission did not constitute a criminal offence.
According to him, criminal liability could not automatically be attributed to the holder of a mineral right where another person entered the concession with the holder’s permission but subsequently failed to comply with instructions.
Counsel also challenged the reliance placed on the testimony of an alleged accomplice during the trial, arguing that such evidence had to be treated with caution and corroborated.
He urged the court to consider these and the other grounds of appeal, which he said demonstrated that the appeal had a strong prospect of success.
Defence disputes prosecution’s flight risk argument
Mr Atta Akyea further argued that Wontumi needed to be released temporarily to assist in preparing the appeal, adding that his client was facing another criminal case in which the Deputy Attorney-General was also involved
He said granting bail would facilitate his work in both matters and enable him to prepare adequately for the appeal.
Responding to the prosecution’s concerns that Wontumi might abscond, counsel said the argument was not supported by the circumstances of the case.
He told the court that Wontumi’s passport remained with the Economic and Organised Crime Office (EOCO), adding that his client had complied with the court’s requirements during the trial.
Counsel maintained that his client was prepared to remain in Ghana throughout the appeal process.
He further argued that if the appeal ultimately failed, Wontumi could return to prison to continue serving his sentence.
Mr Atta Akyea, therefore, urged the court to grant the application in the interest of justice.
Deputy Attorney-General opposes application
Dr Justice Srem-Sai, opposing the application on behalf of the Republic, argued that bail pending appeal was not a matter to be granted lightly, particularly where an applicant was already serving a valid prison sentence.
Citing Fynn and Another v The Republic, he said the law required an applicant to establish exceptional circumstances beyond mere dissatisfaction with a conviction.
He argued that the grounds of appeal filed by Wontumi did not demonstrate such circumstances and were similar to grounds commonly raised by convicted persons challenging their convictions.
The Deputy Attorney-General also distinguished Wontumi’s case from the circumstances in Fynn v The Republic, in which bail pending appeal was granted.
He explained that the appellants in that case faced relatively short prison terms, while delays in preparing the appeal records at the Kumasi Circuit Court Registry raised concerns that they could serve their sentences before their appeals were determined.
According to Dr Srem-Sai, those considerations did not apply to Wontumi’s case, which involved a 20-year prison sentence and a trial that was concluded within a relatively short period.
He further submitted that the grounds of appeal had no substantial prospects of success and warned that granting bail could result in Wontumi being released only to return to prison if the appeal failed.
Prosecution raises concerns over possible absconding
Dr Srem-Sai also challenged the defence’s argument that Wontumi’s conduct during the trial should weigh in favour of granting bail.
He pointed to two other criminal cases Wontumi was facing, arguing that the possibility of additional prison sentences could provide an incentive for him to abscond.
The Deputy Attorney-General further referred to video recordings exhibited by the prosecution, which he said contained comments by Wontumi’s counsel about the circumstances surrounding his client’s arrest.
According to Dr Srem-Sai, the recordings supported the prosecution’s concerns about the possibility of Wontumi evading the law.
He maintained that the defence had failed to establish exceptional circumstances to warrant the grant of bail pending appeal.
The prosecution consequently urged the court to dismiss the application.
Court seeks update on appeal process
During the proceedings, the court asked Mr Atta Akyea about the progress made in preparing the appeal following the filing of the notice of appeal.
Counsel told the court that he was working with the registry to compile the record of appeal and that the process of photocopying the relevant documents was almost complete.
He said the defence was eager to have the appeal heard and that Wontumi’s assistance was needed to facilitate its preparation.
After hearing submissions from both parties, Justice Kocuvie-Tay adjourned the matter to November 4, 2026, at 9 a.m., when the court is expected to deliver its ruling on the application for bail pending appeal.
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